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so i think that doma law goes by the wayside. the second question is an equal protection question and goes specifically at the california referendum which -- >> the proposition 8. >> the proposition, proposition 8, which makes it illegal under california law to have gay marriage. they will look at that under the equal protection clause. i think it's a little bit hazardous to anticipate where the court will go on that question, and i would be reluctant to do that, but that's kind of an equal protection question. the request he is will the court be ahead of where the public is or behind the public. this is a question that eventually sooner or later, probably sooner, the public will come around to recognize and already is showing by the polls that marriage equality should be considered a fundamental constitutional right. >> professor peterson, to julian's point, despite its rulings on the president's health care law, on immigration, this court maintains a conservative tilt. is this necessarily good news for supporters of same-sex ma
so i think that doma law goes by the wayside. the second question is an equal protection question and goes specifically at the california referendum which -- >> the proposition 8. >> the proposition, proposition 8, which makes it illegal under california law to have gay marriage. they will look at that under the equal protection clause. i think it's a little bit hazardous to anticipate where the court will go on that question, and i would be reluctant to do that, but that's kind of...
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Dec 10, 2012
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when the supremes get down to assessing doma, we can expect the conservatives to defend doma and the liberals to strike it down. the comp significance of the majority will be determined by the votes of chief justice roberts who has shown he's willing to leave the conservatives if he feels the court's legacy is in peril and kenne kennedy. he wrote the constitution prohibits laws singling out a certain class of citizens for disfavored legal status. it appears doma will get tossed in the dust bin of history. the courts other gay rights case comes from california which gave gays the right to marry and then with proposition 8 took it away. taking away an existing right because of animus was prohibited by the court in a '96 decision authored by justice kennedy. but where the doma case asks can the federal government discriminate against married couple, the prop 8 case asks can states bar gays from marrying. kennedy
when the supremes get down to assessing doma, we can expect the conservatives to defend doma and the liberals to strike it down. the comp significance of the majority will be determined by the votes of chief justice roberts who has shown he's willing to leave the conservatives if he feels the court's legacy is in peril and kenne kennedy. he wrote the constitution prohibits laws singling out a certain class of citizens for disfavored legal status. it appears doma will get tossed in the dust bin...
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the doma case doesn't invite the court to answer that question. it simple says if in those states that decide to grant same-sex marriage, which is up to the states, can the federal government still refuse to recognize those marriages? even if the supreme court strikes down the doma law, it won't say anything about whether a state has to allow same-sex marriage. on the prop 8 case it is possible to rule on that case very narrowly or broadly. let me explain. when the court of appeals said that prop 8 was unconstitutional, it said you can't do what california did. you can't give the right, which the california supreme court did, and then take it away, which prop 8 did. california's the only state that did that. if the supreme court barely upholds the court of appeals ruling, that would be good for california only. if the supreme court dives fully into in and gets into the basic constitutional question about whether states can block same-sex marriage, then, yes, they would get to it. they won't -- the mere fact they took up the case, we don't know whe
the doma case doesn't invite the court to answer that question. it simple says if in those states that decide to grant same-sex marriage, which is up to the states, can the federal government still refuse to recognize those marriages? even if the supreme court strikes down the doma law, it won't say anything about whether a state has to allow same-sex marriage. on the prop 8 case it is possible to rule on that case very narrowly or broadly. let me explain. when the court of appeals said that...
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Dec 8, 2012
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ruling in favor of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot of benefits that come from the federal tax code, that people who get married need to enjoy if you're going to have a fair and equitable situation in society. so i think they made a big step forward here. and, you know, the court is a hard place to read. unfortunately, it's not like the election. well don't have nate silver to read every morning to tell us how it's going to turn out. but we'll all be watching closely. >> chris, there is a third issue that the justices haven't taken up yet, and that's an arizona law that bars some same-sex spouses from access to state benefits. where do we go on that? what
ruling in favor of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot...
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is doma doomed? >> i think it is. there are four district courts saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's a heavy judicial pile of precedent here from the lower courts. the only question remains is one of standing. but i think that it really is losing steam. the questions going to be holings worth and whether they leave this question to states like california. and that could be a really painful decision if it goes the wrong way. saying it violated the rights of
is doma doomed? >> i think it is. there are four district courts saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's a heavy judicial pile of precedent here from the lower courts. the only question remains is one of standing. but i think that it really is losing steam. the questions going to be holings worth and whether they leave this question to states like california. and that could be a really painful decision if it goes the wrong way....
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Dec 8, 2012
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is doma doomed? >> i think it is. there are four district courts say i saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's
is doma doomed? >> i think it is. there are four district courts say i saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's
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cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in what world do potatoes, bacon and cheese add up to 100 calories? your world. ♪ [ whispers ] real bacon... creamy cheese... 100 calories... [ chef ] ma'am [ male announcer ] progresso. you gotta taste this soup. i tell them dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can grow and multiply. polident is specifically designed to clean dentures daily. its unique micro-clean formula kills 99.9% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why i recommend using polident. [ male announ
cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in...